Dismissed

Uttam Kumar Das v. the State of Bihar and Ors.

Patna HC23 Oct 2013CWJC/4329/2010

Case brief

AI extract

What is this about?

This judgment dismissed the writ petition seeking quashing of a government order regarding 33 months limitation for Intermediate certification and absorption of a petitioner as Panchayat Teacher. The court held that the Panchayat Siksha Mitra post did not exist post-2006 and the petitioner was not employed after 2005, thus substantive relief could not be granted.

What the court decided

AI extract

Uttam Kumar Das Vs the State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4329 of 2010

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====================================================== 1. Uttam Kumar Das S/O Sri Basudeo Das R/O Vill.- Dogaj, P.O.- Bighor, P.S.- Barsoi, Block- Barsoi, Distt.- Katihar, At Present Non-Re-Engaged Panchayat Teacher Primary School, Baje Dogachha, Block- Barsoi, Distt.Katihar

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.... .... Petitioner/s Versus 1. The State Of Bihar 2. Principal Secretary Deptt. Of Human Resources And Development, New Secretariat, Patna, Bihar

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District Magistrate Katihar 4. District Education Officer Katihar 5. District Superintendent Of Education Katihar

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Block Development Officer Barsoi, Distt.- Katihar

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Block Education Extension Officer Barsoi ( North ), Katihar 8. Panchayat Secretary Gram Panchayat Raj Shikarpur, Block- Barsoi, Distt.- Katihar 9. The Headmaster Primary School, Baje Dogdar, Circle- Barsoi ( North ), Block- Barsoi, Distt.- Katihar

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Uma Kant Verma Mr. Rajendra Kumar

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For the Respondent/s : Mr. A.C. to G.A. 3

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====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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5 23-10-2013 Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner has filed this writ application praying the following reliefs as culled out in para-1 of the petition which reads as under :-

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“ Para-1 – That this writ petition is for issuance of writ of certiorari for quashing the part order dated 4.7.2008 of the Govt. circular No. 2517 issued by Department of Human

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Patna High Court CWJC No.4329 of 2010 (5) dt.23-10-2013

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Resources and Development, Govt. of Bihar so far 33 months limitation for acquiring Intermediate Qualification by the engaged Matriculate Panchayat Siksha Mitra is concerned and further for issuance of writ of mandamus directing the Respondents to absorb the petitioner as Panchayat Teacher after the date of passing Intermediate Examination on 28.5.2008. ”

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It has been submitted by the learned counsel for the petitioner that the circular dated 4.7.2008 issued by the Government has been declared non est by an order dated 14.7.2009 (Annexure-8) passed in C.W.J.C. No. 3700 of 2009.

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In my view, the present declaration sought by the petitioner is not going to cut much ice in view of the fact that after having been engaged as Panchayat Siksha Mitra, he was not retained/re-selected for such engagement after 20.6.2005. It is to be borne in mind that by virtue of the provisions contained in the Niyamavali framed by the State Government effective from 1.7.2006, those who were engaged as Panchayat Siksha Mitras on 1.7.2006 got absorbed as Panchayat Teachers. The post of Panchayat Siksha Mitra now does not exist. Admittedly, the petitioner was not in the employment as Panchayat Siksha Mitra after 20.6.2005. The reliance placed by the petitioner for seeking relief of his re-engagement as Panchayat Siksha Mitra after declaring the said circular as arbitrary cannot be granted relying on the order dated 14.7.2009 (Annexure-8) which was passed in entirely different factual background. The petitioner in the said case had continued as Panchayat Siksha Mitra and was

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Patna High Court CWJC No.4329 of 2010 (5) dt.23-10-2013

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subsequently absorbed as Panchayat Teacher and was ultimately removed/terminated from service in the year 2009 relying on the said circular of the Government. As such, the substantive relief sought by the petitioner in the present writ petition cannot be granted to the petitioner.

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For the reasons noted above, this Court finds no merit in the writ application. It is accordingly dismissed.

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(Kishore Kumar Mandal, J)

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sudip/-

Uttam Kumar Das v. the State of Bihar and Ors.

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Uttam Kumar Das v. the State of Bihar and Ors.

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